Disability Law Show: Ontario – S5 E08

Episode Summary

Why are claimants sent for a functional skills assessment? Disability lawyer and Partner Tamar Agopian at Samfiru Tumarkin LLP answers this question and more on the Disability Law Show on 640 Toronto and Newstalk 580 CFRA.

Listen below to discover important information about your rights and a guide through the proper steps to take when your insurance provider cuts off your long-term disability or denies your insurance claim.

When you need a disability lawyer in Ontario, Tamar and her team can get you the advice you need, and the compensation you deserve.

Listen to the Episode

Show Notes

• Sent for a functional assessment after a year on LTD: Typically after two years on long-term disability benefits claimants can be sent for an assessment and functional skill set analysis. This occurs as claimants will have to prove that they are disabled from working in any occupation after the first two years of benefits. Insurance companies have to be able to find a job claimants have the skillset for, but with comparable compensation.
• Injured at work and disability benefits: Most individuals that are injured at work would be able to apply for disability benefits through their employer. Claimants should first apply for short-term disability benefits. Injuries that occur at the workplace can lead to benefits given by WSIB. Claimants have to be approved for an income amount from the worker’s compensation board which can lead to complications with LTD. It is important to apply for all possible programs that could provide benefits and coverage.
• Denied disability benefits due to late application: Claimants that have been denied benefits due to a late application should still pursue their disability benefits. It is important to articulate to the insurance company why the application was late. In some cases, insurance adjusters can seek further explanation from a claimant’s employer. Benefits that are denied on a technical basis can still lead to future approval after a legal claim has been filed.